Savannah morning news. [volume] (Savannah) 1868-1887, 1887-03-23
TKOD ON WRONG GROUND.
Deputy Sheriff Hunter Acquitted OF
Serious Charge.

a Serious Charge.
Jerry Hunter. a coloIed Deputy Sheriff,
was tried in the United states District
Cours for obstructing legal process. On
NOV. 10, 1886, Hunter was given a war
rant by Magistrate Molina to serve on one
j. r. Smith, charged with a msdemeanor.
The warrant was sworn to by negro
named Holmes, who accompanied Hunter
III making search for Smith. The last
named party was col9red Deputy Mar
shall from South Carolina. He was found
IN the custom house building and in the
United states District Attorneys office.
Holmes pointed Smith out and Hunter
proceeded to arrest him. The Deputy
Marshal refused TO recognize the Deputy
sheriff. Each oOntended that his power
was superior. Both became violently
noisy and were ordered out Of the office.
Mr. Query, United States Attorney,
advised Smith 10 20 TO Magistrate Moll-
mas office and see what the trouble was
about. While denying the Deputy
Sheriti's authority to arrest him in the
government building the Deputy Marshal
went along with the state officer. Upon
hearing Smiths statement Magistrate
Molina dIsmissed the charge against him,
as it was shown that the alleged misde-
Deputy MaTshal 10 enter Holmes house
for the purpose OF making an arrest.
The defense was that Hunter did not
know that Smith was Deputy Marshal,
and did not know that he had no right to
make an arrest i'll the custom house
building. He was charged with know
ingly and wilfully obstructing legal
process. 1t was argued that il he was
ignorant OF the sacredness of the build
Deputy Marshal.
In charging the jury upon the law Judge
Speer said that the Deputy Sheriff un-
doubtedly had no right to enter the
custom house for the purpose OF making
an arrest. He is State officer, and over
the government building the State
has no jurisdiction Of any kind,
having completely surrendered that when
1t decided the land on which the building
stands to the United States Of America In
1S47. Since that day it has been the prac-
tlce with some States to reserve the right
OF serving court papers within govern
ment buildings when the ground is
granted tor the building. Such right
will probably be reserved in the case OF
the new public building, his honor re-
marked, that is surprising site can be
agreed upon. The arrest was illegal, the
court continued.
II q VI animal dRdIueJ tuS oJAJ6 laws oS-
capes into the Federal building he can
not be arrested therein by a State officer,
but State officer may follow him, and
by authority of the court may make the
arrest, or he may get the Marshal or a
United States Deputy Marshal to take
the criminal into custody and hold him
until he can be duly delivered according
TO law to the State.
In concluding Judge Speer remarked
that if the jury thought that hunter hon.
estlv believed that Magistrate Molina's
court was higher authority than the
United States government, and that a
warrant issued by the Justice OF the
Peace should be served as a matter of
duty at all hazards, then the jury should
acquit. The jury looked at the case in
that light, and in less than five minutes
agreed upon verdict of not guilty.